Robert A. Solomon, P.C.
Two Offices Serving
New York and New Jersey

Wrongful death lawsuits: What they are and mean to you

There are several types of situations that can result in wrongful death lawsuits. Claims are normally filed to recoup costs that have been spent on funerals or medical care, and they can also be used to seek monetary damages to cover earnings that the deceased can no longer provide. There are several kinds of damages that a person can consider recovering through a lawsuit.

Some include expenses, lost benefits, the loss of inheritances, loss of companionship, punitive damages and pain and suffering. Family members can file these lawsuits for deaths cause by various situations, from drunk driving accidents caused by a negligent driver to the loss of a loved one due to a work-related accident. Some common wrongful death scenarios include construction fatalities, car accident fatalities and medical malpractice deaths.

To make a lawsuit work out in court, there are several elements of the case that have to be present. The death, for instance, has to be the death of a human being. It needs to have been caused by a person's negligence, and there must be a provable loss caused by the death. The people who sue for damages. must be legally allowed to sue under the provisions and statutes of New Jersey. For example, children may be able to sue for the loss of parental guidance, while spouses may be able to sue for a loss of companionship.

There are statutes of limitation you need to consider in any wrongful death case. You have only a limited amount of time to file a claim for a wrongful death, and if you miss it, the person responsible may no longer be held responsible for the claims you're making.

If you're interested in learning more about situations involving wrongful deaths, you can read more here.

Source: Metro Law, "Wrongful Death: New York & New Jersey" Aug. 26, 2014

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